What Is RTA Personal Injury Claim?
Sarah John's
Legal Writer
An RTA personal injury claim is typically based on the pain and suffering endured by the injured party (general damages) and any financial impacts the accident has had (special damages).
If you can prove liability, you may have a claim. The injured party seeks compensation for injuries experienced in road traffic accident claims in Scotland that were not their fault in the context of an RTA personal injury claim.
You might be entitled to compensation if you were harmed in an RTA because of someone else’s negligence. The compensation may cover a range of damages and expenses, such as:
- Medical bills
- Loss of income
- Pain and suffering
- Any other connected expenses
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What Is An RTA Accident?
An RTA accident occurs when someone is injured on a road or in a public place in Scotland. It typically involves a collision between vehicles, or between a vehicle and a pedestrian, cyclist, or other road user. The important part is that another person was negligent or violated the rules of the road, which caused the accident.
If you are injured in this type of accident and it was not your fault, you can make an RTA personal injury claim. This can include being hit at a junction, being struck while crossing the road, or being involved in a car accident as a passenger. In these cases, you may be able to recover compensation for your injuries and financial losses.
What Should You Do After The RTA?
- Stay calm and call for help: Check yourself and others for injuries and call for emergency services if required. Also, inform the police of the accident and stay on the scene until they arrive.
- Exchange information: Obtain contact and insurance details from the other driver(s) involved in the accident and any witnesses who may have seen what happened. Take photos of the accident scene, vehicle damage, and any injuries you sustained.
- Seek medical attention: Although you might feel okay, seeking medical attention after an RTA is still necessary. Some injuries may not show up immediately, and a medical professional can help diagnose and document any injuries you sustained.
- Notify your insurance company: Report the accident to your insurance company as soon as possible, providing them with the necessary information, and avoid admitting fault.
- Call our Panel of RTA solicitors: If you have suffered injuries or damages, consider consulting with a personal injury lawyer. We can help you understand your legal rights, guide you through the RTA personal injury claims process, and help you maximise your compensation.
What Is The Process For Making An RTA compensation Claim?
The process for making an RTA injury compensation claim can vary slightly depending on the type of your accident, but here is a general guide that should help you understand the basic steps involved:
- Collect evidence: The first step in preparing an RTA compensation claim is gathering as much accident evidence as possible. These may contain accident photos, witness accounts, police reports, and medical records.
- Make a claim: Your lawyer will help you sue the accident’s perpetrators. They will issue a claim letter to the other party or their insurance company.
- Negotiate a settlement: The opposing party or their insurance company may offer you a settlement after receiving your letter of claim. Your lawyer will negotiate with them to get you the finest deal.
- Go to court: If a settlement cannot be reached, your case may go to court. Your lawyer will represent you in court and fight on your behalf.
It’s always best to seek the advice of a qualified personal injury lawyer who can guide you through the process and ensure you get the compensation you deserve.
How Long Does An RTA Personal Injury Claim Take?
The time it takes to resolve an injury claim can vary greatly. It could take longer depending on the following:
- The type of accident you were involved in, e.g., a road accident or medical negligence.
- The severity of your injuries and the length of time it will take you to heal.
- The evidence required by your lawyer to present your case.
- Who are you making a claim against?
- The opposite party’s acceptance or denial of liability.
Listed below are a couple of types of accidents you could have been involved in and how long it will take to resolve the personal injury claim Scotland:
- Workplace Accident: 5-12 months
- Road Traffic Accident: 4-11 months
- Public Liability: 7-12 months
- Medical Negligence: 10-34 months
- Industrial Disease: 10-18 months
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What Is The Average Payout For An RTA Personal Injury Claim?
Establishing a typical settlement for a claim of personal injury resulting from a Road Traffic Accident (RTA) is challenging because the amount of compensation awarded is subject to several variables. The claimant’s injuries, the effect those injuries have had on their life, and the monetary damages the claimant has suffered are all factors that can be considered.
| Injuries | Amounts |
|---|---|
| Back injuries | Minor: £5,000-£15,000 Major: £15,000-£175,000 |
| Head injuries | Minor: £2,000-£15,000 Major: £15,000-£400,000 |
| Mental and Psychological injuries | Minor: £2,000-£7,000 Major: £7,000-£100,000 |
| Arm or hand injuries | Minor: £3,000-£5,000 Major: £5,000-£135,000 |
| Upper body injuries | Minor: £5,000-£9,000 Major: £9,000-£140,000 |
| Upper body injuries | Minor: £5,000-£9,000 Major: £9,000-£140,000 |
Although personal injury experts have provided the above figures, they are estimates and aren’t entirely accurate. For a better understanding of the value of your personal injury claim, contact us today at 01412801112.
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How Do I Calculate My RTA Personal Injury Claim?
Personal injury RTA claims are complicated and depend on several circumstances. Nonetheless, here are some general claims calculation steps:
- Assessing damages is the first stage in determining your personal injury RTA claim. Medical bills, missed payments, and property damage are included. It will cover non-financial damages like pain, suffering, mental discomfort, and inability to enjoy life.
- Collect proof to prove your damages: For example, medical documents, receipts, witness accounts, and photos of the accident area.
- Liability: Accident liability relates to a fault. If another party causes the accident, they will pay for your damages. However, if you are partially at fault, contributory negligence may reduce your compensation.
- RTA lawyers: Determining your RTA compensation amounts can be challenging. Personal injury solicitors Scotland can assist you in understanding the legal procedure and calculating a reasonable settlement.
- Consider future damages: Your injuries may cause future damages. Your claim must include ongoing medical treatment, for instance.
Overall, estimating a personal injury RTA claim can be complicated. An experienced personal injury lawyer can help you understand the legal procedure and guarantee you receive the compensation you deserve.
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